Listing deactivationIP-5 · Intellectual Property Policy

Using a real person's name or likeness to sell products requires their permission

What this rule means

Every person has a say in how their name, image, and likeness are used to sell products. Using a real person's name or face to help sell your item, especially a famous person's, can infringe their publicity rights. Etsy's Prohibited Items Policy says it prohibits content which infringes on the privacy, publicity, and personal rights of others. A listing that does so can be reported and removed.

What Etsy says

We also prohibit content which infringes on the privacy, publicity, and personal rights of others.

Read Etsy's full Intellectual Property Policy

Why Etsy has this rule

A name or a face can be worth money, and the person has the right to decide who profits from it. When a seller prints a singer's face on a shirt or adds an athlete's name to a title, the seller benefits from that person's fame without asking. The person, or their representative, can report the listing.

This rule is separate from copyright and trademark. A photo you took of a celebrity may be yours under copyright, and the use of that person's face to sell a product can still raise a publicity claim. The details of publicity law also differ from place to place, so a listing that looks fine to you can still be reported. Etsy removes listings when it receives a valid report and expects you to check your listings first.

Common mistakes

Adding a celebrity's, athlete's, or musician's name to the title or tags to reach fans who search for them.
Printing a real person's face on a shirt, mug, or poster because it is a portrait that you drew or painted yourself.
Using a 'tribute', 'memorial', or 'fan item' label and assuming it gives you permission.
Selling items with a famous person's signature or handwriting, even when it is copied from a public source.
Using a quote from a public figure together with their name or image to make a product look endorsed.
Suggesting in the description that a person uses, likes, or approves your product when they never agreed.
Assuming that a person who has died, or a person who is well known only locally, is free to use.
Treating satire or commentary as automatically protected, when those defenses depend on the facts and are not guaranteed.

Examples

AllowedYou sell a print of an imaginary person you created, with no resemblance to a real individual.
AllowedYou sell a custom portrait that a customer orders of themselves or of a family member, with that person's consent.
AllowedYou describe your item by genre, style, and era, such as 'seventies rock poster', without naming any real person.
AllowedYou hold a written agreement from a person that allows you to sell products with their name or face.
Not allowedYou list a sweatshirt with a famous singer's face and put the singer's name in the title.
Not allowedYou add a well-known athlete's name to the tags of a generic jersey.
Not allowedYou sell a mug with an actor's signature and describe it as a tribute.
Not allowedYou write that a celebrity wears your jewelry when they have never agreed to that.

How to stay compliant

Identify listings that use a real person's name, photo, or signature as the primary draw — especially celebrity names used in titles or tags.
Remove the person's name, photo, or likeness from listings where their identity is used to make the product more marketable without their authorization.
If your product is commentary, satire, or criticism involving a public figure, consult a legal professional before listing, as these defenses are fact-specific and not guaranteed.
Replace celebrity names in tags with descriptive terms (genre, style, era) that describe the item without invoking someone's personal brand.
Do not relist after a takedown without materially changing the content — repeat use of the same person's name or likeness escalates to account-level review.

Effort: medium · 1-3 hours

If your suspension email cites this rule

Read the email and see which listings it names and who is involved. Then look at what your listing really uses. Check the title, tags, photos, and description for a real person's name, face, signature, or voice. If the person's identity is what makes the item attractive, remove it. Replace names in your tags with plain descriptions of the item, such as the style, the era, or the genre.

If you think the report is wrong, for example because the image shows no real person or because the person gave you permission, collect proof before you reply. A signed agreement is the strongest. Satire and commentary can raise defenses, but they depend on the facts and a result is not guaranteed, so a lawyer's advice is worth seeking. Do not relist the same design with a different title. Etsy makes the final decision, and a short, factual reply that explains what you changed is the best way to show good faith.

Suspended over this rule?

Generate a complete, ready-to-submit Etsy appeal for this exact violation.

Generate your appeal letter

Common questions

Can I sell a portrait of a celebrity that I drew myself?

Usually not. Drawing the portrait yourself does not give you the right to use a real person's likeness to sell a product. You generally need the person's permission.

Can I put a famous person's name in my tags?

Not to attract buyers. Etsy's Prohibited Items Policy prohibits content which infringes on the publicity rights of others, and a famous name used to sell your product can do that. Use descriptive words for the style or era instead.

Does a tribute or memorial label make a product allowed?

No. The label does not change that a real person's name or face is being used to help sell the item. Permission from the person or their estate is the safe route.

What about satire or commentary?

These can be defenses, but they depend on the facts of each case and are not guaranteed. If your product depends on one, speak with a lawyer before you list it.

Do I need permission for custom portraits of customers?

A customer who orders a portrait of themselves or their family is giving you consent for that use. Keep their message as a record, and ask for permission before you show the portrait in your listing photos.